AB200-ASA1,5,5
1218.0171 (2) (cq) Upon payment of a refund to a consumer under par. (b) 2. b.
2or (cg) 1. or 2., the manufacturer shall provide to the consumer a written statement
3that specifies the trade-in amount previously applied under s. 77.51 (12m) (b) 5. or
46. or (15b) (b) 5. or 6. toward the sales price of the motor vehicle having the
5nonconformity and the date on which the manufacturer provided the refund.
AB200-ASA1,9 6Section 9. 218.0171 (2) (d) of the statutes is amended to read:
AB200-ASA1,5,137 218.0171 (2) (d) No motor vehicle returned by a consumer or motor vehicle
8lessor in this state under par. (b) or sub. (6m), or by a consumer or motor vehicle lessor
9in another state under a similar law of that state, may be sold or leased again in this
10state unless full disclosure of the reasons for return is made to any prospective buyer
11or lessee. A manufacturer may not use a power of attorney to act as an agent of a
12consumer for purposes of transferring title to a motor vehicle returned to the
13manufacturer under this section.
AB200-ASA1,10 14Section 10. 218.0171 (5) of the statutes is amended to read:
AB200-ASA1,5,1615 218.0171 (5) This Except as provided in sub. (7) (b), this section does not limit
16rights or remedies available to a consumer under any other law.
AB200-ASA1,11 17Section 11. 218.0171 (6m) of the statutes is created to read:
AB200-ASA1,5,2218 218.0171 (6m) Notwithstanding subs. (2) (b) and (6), if the consumer enters
19into a negotiated written settlement with the manufacturer regarding any motor
20vehicle nonconformity, the manufacturer shall no longer be subject to any
21requirement of this section, except for sub. (2) (d), with respect to that motor vehicle.
22This subsection applies only with respect to heavy-duty vehicles.
AB200-ASA1,12 23Section 12. 218.0171 (7) of the statutes is renumbered 218.0171 (7) (a) and
24amended to read:
AB200-ASA1,6,6
1218.0171 (7) (a) In addition to pursuing any other remedy, a consumer may
2bring an action to recover for any damages caused by a violation of this section if the
3action is commenced within 36 months after first delivery of the motor vehicle to a
4consumer
. The court shall award a consumer who prevails in such an action twice
5the amount of any pecuniary loss, together with costs, disbursements and reasonable
6attorney fees, and may award any equitable relief the court determines appropriate.
AB200-ASA1,13 7Section 13. 218.0171 (7) (b) of the statutes is created to read:
AB200-ASA1,6,158 218.0171 (7) (b) Notwithstanding any other provision of this section or ch. 802,
9804, or 806, in an action for a violation under this section, if a court finds that any
10party to the action has failed to reasonably cooperate with another party's efforts to
11comply with obligations under this section, which hinders the other party's ability
12to comply with or seek recovery under this section, the court may extend any
13deadlines specified in this section, reduce any damages, attorney fees, or costs that
14may be awarded under par. (a), strike pleadings, or enter default judgment against
15the offending party.
AB200-ASA1,14 16Section 14. 218.0171 (8) of the statutes is created to read:
AB200-ASA1,6,1817 218.0171 (8) (a) The department of transportation shall prescribe one or more
18forms for consumers to use for all of the following:
AB200-ASA1,6,2119 1. To report a nonconformity to the manufacturer, the motor vehicle lessor, or
20any of the manufacturer's authorized motor vehicle dealers for the purpose of having
21the nonconformity repaired.
AB200-ASA1,6,2322 2. To elect that a manufacturer replace a motor vehicle with a comparable new
23motor vehicle as provided under sub. (2) (b) 2. a.
AB200-ASA1,6,2524 3. To elect that a manufacturer make a refund as provided under sub. (2) (b)
252. or 3.
AB200-ASA1,7,3
1(b) The department shall make any form specified in par. (a) available on the
2department's Internet site. Any form specified in par. (a) shall require the consumer
3to provide all of the following information:
AB200-ASA1,7,44 1. The consumer's contact information.
AB200-ASA1,7,75 2. Identification of the motor vehicle dealer from which the motor vehicle was
6purchased, the date of delivery of the motor vehicle from the dealer, and the purchase
7price of the motor vehicle.
AB200-ASA1,7,98 3. Identification of any holder of a perfected security interest in the consumer's
9motor vehicle.
AB200-ASA1,7,1110 4. The mileage of the motor vehicle at the time the first nonconformity is
11asserted to have occurred.
AB200-ASA1,7,1312 5. If the form is to be used for the purpose of making an election described in
13par. (a) 2. or 3., a place on the form to make the election.
AB200-ASA1,7,1414 6. An itemization of any other damages claimed by the consumer.
AB200-ASA1,7,2115 (c) If any form specified in par. (a) is required under this section to be used by
16a consumer and the consumer has not provided all information required under par.
17(b) to the satisfaction of the manufacturer, the manufacturer may, within 30 days of
18receiving the form, request that the consumer provide additional information
19required under par. (b). If the manufacturer makes such a timely request for
20additional information, any time period under sub. (2) (c), (cg) 1. or 2., or (cm) 1. does
21not begin to elapse until the consumer provides this additional information.
AB200-ASA1,15 22Section 15. 227.01 (13) (yd) of the statutes is created to read:
AB200-ASA1,7,2423 227.01 (13) (yd) Relates to any form prescribed by the department of
24transportation under s. 218.0171 (8).
AB200-ASA1,16 25Section 16. Initial applicability.
AB200-ASA1,8,2
1(1) This act first applies with respect to motor vehicles for which the express
2warranty commences on the effective date of this subsection.
AB200-ASA1,17 3Section 17. Effective date.
AB200-ASA1,8,54 (1) This act takes effect on the first day of the 3rd month beginning after
5publication.
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